Nishant Kumar @ Nishant Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57772 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== NISHANT KUMAR @ NISHANT RAJ S/O RAM RANJAN @ RAM RANJAN KUMAR R/o village- Vrindavan Colony Road No. 1E, Valmi, P.S.- Phulwari Sharif, District- Patna ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Kajal Kumari, age-18 years old, daughter of Arvind Singh, R/O Malli Colony Ishopur, P.S.-Phulwari Sharif, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Usha Kumari 1 For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Phulwari Sharif Mahila P.S. Case 61/2021, registered for the offence punishable under Sections 376 (D) of the Indian Penal Code.

As per prosecution case, there is accusation against the petitioner to commit rape upon the informant. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 17.06.2021 and bears no criminal antecedent. Learned counsel for the

Patna High Court CR. MISC. No.57772 of 2021(7) dt.23-08-2022 2/2 petitioner further submits that the petitioner was not present at the place of occurrence and the petitioner was dragged in the present case only because he was friend of co-accused, Rahul Kumar. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner to commit rape upon the victim and the same is corroborated by the statement of victim recorded under 164 Cr.P.C.

Considering the facts and circumstances of the case, there is specific allegation against the petitioner as well as material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T